Kulbir Singh And Ors vs State Of Punjab And Another
2023 Latest Caselaw 2025 P&H

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                                                                   , Advocate for the petitioners.




                                         The instant petition has been filed under Section 482 Cr.P.C.
                        seeking quashing of FIR No. 05 dated 08.01.2021, registered under Section
                        498-A of Indian Penal Code at Police Station Women, District Police
                        Commissionerate Ludhiana (Annexure P-1) and all consequential
                        proceedings arising therefrom, on the basis of compromise dated
                        12.07.2021 (Annexure P-2).
                                         Keeping in view the fact that the parties entered into a
                        compromise, this Court vide order dated 28.09.2022 directed the parties to
                        appear before the Illaqa Magistrate/trial Court for getting their statements
                        recorded in that regard. Pursuant thereto, a report dated 18.10.2022 has
                        been received from the Judicial Magistrate 1st Class, Ludhiana, stating that
                        the compromise arrived at between the parties is voluntary and the same is
                        without any pressure, coercion or undue influence.
                                         Learned State Counsel and learned counsel appearing on
                        behalf of respondent No.2-complainant admit the factum of compromise

and submit that they have no objection to quashing of the FIR on that basis.

PARUL 2023.02.02 11:52 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh

Perusal of the aforesaid report establishes that the parties have amicably settled their dispute, and continuance of criminal prosecution in such a situation will be an exercise in futility, as the chances of ultimate conviction are bleak. The power under Section 482 Cr.P.C. can be exercised in such matters. It has been held by Supreme Court of India in cases Gian Singh v. State of Punjab and another 2012(10) SCC 303 and Narinder Singh and others v. State of Punjab and another 2014(6) SCC 406 that criminal cases having overwhelmingly civil character, particularly those arising out of commercial transactions or matrimonial relationships or family disputes, should be quashed when the parties have resolved their disputes among themselves in a bona fide manner.

Consequently, this petition is allowed

are hereby quashed qua the petitioners, subject to payment of cost of 15,000/- to be deposited by the petitioners jointly within two months from today

PARUL 2023.02.02 11:52 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh